- (a) the court proposes to order anything to be forfeited under this section, and
- (b) a person claiming to have an interest in it applies to be heard by the court,
the court must not order it to be forfeited unless he has been given an opportunity to show cause why the order should not be made.
Offences: other provisions. 31.—(1) Proceedings for an offence under section 2 or 11 shall not be instituted—
- (a) in England and Wales, except by or with the consent of the Attorney General;
- (b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
(2) Proceedings for an offence under any provision of this Act other than section 2 or 11 shall not be instituted except by or with the consent of the Secretary of State; but the preceding provisions of this subsection do not apply to Scotland.
(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
- (a) a director, manager, secretary or other similar officer of the body corporate, or
- (b) any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(4) In subsection (3) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(5) Where an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Other miscellaneous provisions
Disclosure of information. 32.—(1) This section applies to information if—
- (a) it was obtained under, or in connection with anything done under, this Act or the Convention, and
- (b) it relates to a particular business or other activity carried on by any person.
(2) So long as the business or activity continues to be carried on the information shall not be disclosed except—
- (a) with the consent of the person for the time being carrying on the business or activity,
- (b) in connection with anything done for the purposes of the Convention,
- (c) in connection with anything done for the purposes of this Act,
